scholarly journals THE OBLIGATION TO REFRAIN FROM ASSISTING THE USE OF THE DEATH PENALTY

2013 ◽  
Vol 62 (3) ◽  
pp. 523-556 ◽  
Author(s):  
Bharat Malkani
Keyword(s):  
Human Rights ◽  
International Law ◽  
Death Penalty ◽  
State Responsibility ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
The Law

AbstractIn this paper, I assert that the prohibition on the death penalty brings with it an obligation on abolitionist States to refrain from assisting the use of the death penalty in retentionist States. By considering the law on complicity and State responsibility, the obligation to protect under international human rights law, and the practice of States, I argue that although there are jurisdictional issues and although the death penalty is not prohibited under general international law, an obligation to refrain from being complicit in the death penalty is developing in international law.

scholarly journals Containment Instead of Refoulement: Shifting State Responsibility in the Age of Cooperative Migration Control?

2020 ◽  
Vol 20 (2) ◽  
pp. 306-332
Author(s):  
Annick Pijnenburg
Keyword(s):  
Human Rights ◽  
International Law ◽  
State Responsibility ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Migration Control ◽  
International Human ◽  
The Right ◽  
And Training

Abstract Containment policies whereby destination States provide funding, equipment and training to transit States that intercept refugees on their behalf suggest that destination States try to circumvent the prohibition of refoulement and raise the question to what extent destination States can avoid responsibility for violations of the rights of migrants and refugees by cooperating with transit States. Answering this question requires broadening the analysis beyond the principle of non-refoulement, including not only international human rights law, especially the right to leave and the concept of jurisdiction, but also the law of State responsibility, notably the prohibition of complicity. This article argues that, although it remains debatable whether the principle of non-refoulement applies when transit States intercept migrants and refugees on behalf of sponsoring destination States, the wider network of international law rules constrains the latter’s ability to avoid responsibility when implementing cooperative migration control policies.

Advanced Introduction to International Human Rights Law

2014 ◽  
Author(s):  
Dinah L. Shelton
Keyword(s):  
Human Rights ◽  
International Law ◽  
Entry Point ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Current State ◽  
International Human ◽  
The Law

In this landmark text, Dinah Shelton offers an insightful overview of the current state of international human rights law: its norms, institutions and procedures, both global and regional. Providing an invaluable entry point to this complex area of the law, and an insightful reference for seasoned experts, the book will prove a useful resource for professors and practitioners of international law. It will also serve as a stimulating introductory text for both undergraduate and postgraduate courses on human rights.

scholarly journals El principio de igualdad ante la ley en el Derecho internacional = The principle of equality before the law in International Law

2019 ◽  
Vol 11 (1) ◽  
pp. 322
Author(s):  
Dorothy Estrada Tanck
Keyword(s):  
Human Rights ◽  
International Law ◽  
Equal Protection ◽  
Historical Evolution ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Derechos Humanos ◽  
International Human ◽  
The Law

Resumen: El principio de igualdad ante la ley es uno de los núcleos centrales del derecho interna­cional. Este estudio explora la evolución histórica de este principio y la interpretación de los derechos de igualdad ante la ley y de protección igualitaria de la ley, y su relación con la no discriminación, particularmente en el campo del derecho internacional de los derechos humanos. Se explora el trabajo, los avances jurídicos y la jurisprudencia paradigmática de Naciones Unidas y los órganos regionales de derechos humanos en el desarrollo del principio de igualdad ante la ley y sus derechos correlativos. Al mismo tiempo, se identifican ciertos desafíos a la igualdad ante la ley, tanto en su dimensión fáctica como jurídica, que permanecen en la realidad global contemporánea.Palabras clave: igualdad ante la ley, igual protección de la ley, no discriminación, derecho inter­nacional, derechos humanosAbstract: The principle of equality before the law is one of the main cores of international law. This text explores the historical evolution of this principle and the interpretation of the rights of equality before the law and equal protection of the law, and their relation to non-discrimination, particularly in the field of international human rights law. The study explores the work, legal advancements and paradigmatic juri­sprudence by UN and regional human rights bodies in the development of the principle of equality before the law and its correlated rights. At the same time, it reflects on certain challenges to equality before the law, both in its factual and its legal dimension, that remain in contemporary global reality.Keywords: equality before the law, equal protection of the law, non-discrimination, international law, human rights.

Hostages and Human Rights

2021 ◽  
Author(s):  
Sofia Galani
Keyword(s):  
Human Rights ◽  
International Law ◽  
Theory And Practice ◽  
State Responsibility ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Critical Gap ◽  
International Human ◽  
Comprehensive Study

Hostage-taking has increased in recent years and has become a problem of worldwide concern. Terrorists and pirates have used hostages in a rising number of incidents and the violence used has escalated alarmingly. Sofia Galani examines the taking of hostages from a victim's perspective, arguing that the international community has failed to protect them. By evaluating various international law concepts and frameworks, including jurisdiction in international law, state responsibility and international human rights law, Galani explains why we are still far from recognizing hostages as victims of human rights violations. She then addresses the question of what can be done to safeguard the human rights of hostages both in theory and practice. Being the first comprehensive study of the human rights of hostages, this book fills a critical gap in the literature for human rights lawyers and researchers in the field.

The Idea of International Human Rights Law

2019 ◽  
Author(s):  
Steven Wheatley
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Moral Concept ◽  
Customary International Law ◽  
Human Rights Treaties ◽  
International Human ◽  
Fragmentation Of International Law

International Human Rights Law has emerged as an academic subject in its own right, separate from, but still related to, International Law. This book explains the distinctive nature of the new discipline by examining the influence of the moral concept of human rights on general international law. Rather than make use of moral philosophy or political theory, the work explains the term ‘human rights’ by examining its usage in international law practice, on the understanding that words are given meaning through their use. Relying on complexity theory to make sense of the legal practice in the United Nations, the core human rights treaties, and customary international law, The Idea of International Human Rights Law shows how a moral concept of human rights emerged, and then influenced the international law doctrine and practice on human rights, a fact that explains the fragmentation of international law and the special nature of International Human Rights Law.

scholarly journals Governmental human rights focal points in federal contexts: The implementation of the Istanbul convention in Switzerland as a case study

2021 ◽  
pp. 092405192110169
Author(s):  
Matthieu Niederhauser
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
International Law ◽  
International Human Rights Law ◽  
Focal Points ◽  
Human Rights Law ◽  
International Human Rights ◽  
Federal States ◽  
International Human

The implementation of international human rights law in federal States is an underexplored process. Subnational entities regularly enjoy a degree of sovereignty, which raises questions such as whether they implement obligations of international law and how the federal level may ensure that implementation takes place at the subnational level. This article aims to answer these questions, using the implementation of the Convention on Preventing and Combating Violence against Women and Domestic Violence (Convention) in Switzerland as a case study. To implement the Convention at the cantonal level, federal actors decided to use networks of civil servants in charge of domestic violence issues, who act as governmental human rights focal points (GHRFPs). This article is based on original empirical data, on 25 interviews with State officials who participate in this implementation. The findings show how complex GHRFPs networks work in practice to implement the Convention and highlight the role played by numerous non-legal State actors in this process. As a result, the article argues that international human rights law implementation becomes more diversified both within and across federal States.

Lois Mémorielles in Post-Genocide Societies: The Rwandan Law on Genocide Ideology under International Human Rights Law Scrutiny

2014 ◽  
Vol 27 (2) ◽  
pp. 419-445 ◽  
Author(s):  
PIETRO SULLO
Keyword(s):  
Human Rights ◽  
Transitional Justice ◽  
Freedom Of Expression ◽  
European Countries ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
The Law ◽  
Human Rights Standards

AbstractThis article discusses the Rwandan Law 18/2008 on genocide ideology in the light of international human rights standards. In order to put the genocide ideology law into context, it sketches a brief overview of the post-genocide scenario. Because of the influence that provisions restricting freedom of expression aimed at fighting negationism might exert on testimonies during genocide trials, it pays particular attention to the transitional justice strategies adopted in Rwanda. Finally, it assesses the law on the genocide ideology against the background provided by the measures implemented in some European countries to deal with the phenomenon of negationism.

Judgment of the Supreme Court of Canada of February 28, 2020, on Nevsun v. Araya: a “quiet revolution” in the assessment of the status of corporations under public international law?

2021 ◽  
Vol 11 (2) ◽  
pp. 25-39
Author(s):  
Vera Rusinova ◽  
Olga Ganina
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
International Law ◽  
Supreme Court Of Canada ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Public International Law ◽  
The Supreme Court ◽  
International Human

The article analyses the Judgment of the Supreme Court of Canada on the Nevsun v. Araya case, which deals with the severe violations of human rights, including slavery and forced labor with respect of the workers of Eritrean mines owned by a Canadian company “Nevsun”. By a 5 to 4 majority, the court concluded that litigants can seek compensation for the violations of international customs committed by a company. This decision is underpinned by the tenets that international customs form a part of Canadian common law, companies can bear responsibility for violations of International Human Rights Law, and under ubi jus ibi remedium principle plaintiffs have a right to receive compensation under national law. Being a commentary to this judgment the article focuses its analysis on an issue that is of a key character for Public International Law, namely on the tenet that international customs impose obligations to respect human rights on companies and they can be called for responsibility for these violations. This conclusion is revolutionary in the part in which it shifts the perception of the companies’ legal status under International Law. The court’s approach is critically assessed against its well-groundness and correspondence to the current stage of International law. In particular, the authors discuss, whether the legal stance on the Supreme Court of Canada, under which companies can bear responsibility for violations of International Human Rights Law is a justified necessity or a head start.

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